At the outset I would like to set out for the Deputy the process which is followed in relation to entering into international legal agreements. Prior to the State entering into any international legal agreement, the relevant Departments give careful consideration to the domestic implications of becoming a party to such an agreement. Consideration is given to whether or not it is compatible with the Constitution to become a party to any particular agreement, whether there is a need to amend domestic legislation or to put in place any administrative arrangements in order to facilitate the State complying with any such agreement, and the nature of any cost or financial implications that may arise for the State from becoming a party to any such agreement. This process involves consultation among all relevant Departments and the Office of the Attorney General and is co-ordinated by the Department of Foreign Affairs and Trade. Any decision for the State to become a party to any international agreement is then a matter for the Government and it is advised of all the aforementioned matters prior to making a decision. Article 29.5.2 of the Constitution provides that the State shall not be bound by any international agreement involving a charge upon public funds unless the terms of the agreement shall have been approved by Dáil Éireann.
It is the responsibility of each Minister and their Departments to manage expenditure within their agreed allocations and in this context it is a matter for individual Departments to ensure that spending is allocated to programmes and policy areas to meet any contractual and legal obligations as appropriate. I am confident that officials in my Department, working with their colleagues across the Civil Service and wider Public Service, possess the necessary expertise to ensure that the allocation and expenditure of resources takes account of Ireland's international treaty obligations.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the United Nations General Assembly on 16 December 1966, and entered into force on 3 January 1976. Ireland signed the ICESCR on 1 October 1973 and was ratified by Ireland on 8 December 1989. I am advised that an inter Departmental progress consultation on the ICESR is currently underway. The Covenant provides for progressive realisation of rights and acknowledges the constraints due to the limits of available resources.
The Government is committed to ensuring the progressive implementation of economic, social and cultural rights both within Ireland and in the context of international cooperation. The Government ensures that the State's obligations to implement the Covenant in Ireland are met through policies aimed at improving the enjoyment of economic, social and cultural rights including policies aimed at tackling poverty and social exclusion.
